PROTECTING THE RIGHTS OF THE ACCUSED IN GEORGIA
If you have been arrested or accused of committing a crime, you should have an experienced criminal defense attorney by your side to protect your rights and provide the best possible defense in your case. However serious the charges may be, with the proper legal counsel and an aggressive and dedicated commitment to your defense, you will know that everything that can be done will be done. We understand that the criminal justice system is complex and can be difficult to navigate without the firm hand of the experience that comes from having successfully defended many cases in local, state and federal courtrooms. Our goal in defending each of our clients is to win. Seek help from Blevins & Hong, P.C. for the aggressive representation that you need. Our expertise in criminal defense includes matters such as:
WHAT TO EXPECT AFTER YOU HAVE BEEN CHARGED
Once you have been arrested, what happens now? First, you need to speak with an attorney as soon as possible. The State has began to develop their case since the Police Officer stopped you or were called out to investigate whatever incident caused you to get arrested. Your attorney can begin to interview witnesses and evaluate evidence to support your defense.
Probable Cause and Bond Hearing
You have a right to have a Probable Cause Hearing before a Magistrate Judge. This is allowed only if your case has not been accused or indicted and if you haven’t bonded out of jail. This hearing allows you to cross exam the arresting officer. Hearsay is admissible. The Judge is only looking to see if the arresting officer had probable cause to arrest you. After the Probable Cause Hearing, you can request a Bond Hearing. You can request the Judge to set a bond or reduce the current bond if it is too high to post.
This stage of your case will occur after the State files an accusation or a Grand Jury returns a bill of indictment. The State can elect to use the same charges in the arrest warrant or different charges. They don’t have to be the same. However, what is listed in the accusation or indictment must be proven beyond a reasonable doubt by the State. At the arraignment, you enter you plea of guilty or not guilty. If you enter a plea of guilty your case will be over after a plea. If you pled not guilty, your case will continue to the next stage.
At a motions hearing, your attorneys at Blevins & Hong, P.C. will file any appropriate motion to suppress or keep out any unlawfully obtained evidence in the case. A Judge will rule on the testimony at the motion hearing and look at all relevant case law. If the Judge grants the motion then this could end your case or limit the State’s case. This could result in a dismissal or a great plea offer.
At any stage in the criminal justice process, plea-bargaining can occur. This is when the State and your attorney try to work out a reasonable resolution to your case. If you agree to a negotiated plea offer, then your case will be resolved by a plea before the Judge. If you do not like the plea offer and do not wish to go to trial, you can have a non-negotiated plea before the Judge. The Judge will accept your plea and decide on your sentence.
If you don’t wish to plea to any charge, you have an absolute right to a trial by jury. You can opt for a bench or Judge trial, but this must be agreed to by the State, unless you are in Probate Court or Municipal Court. A jury of 12 in a felony case and 6 in a misdemeanor case will determine if you are guilty or not guilty of each charge against you. The Judge will determine your sentence.
CONTACT A MARIETTA CRIMINAL DEFENSE ATTORNEY FROM OUR TEAM TODAY!
When you contact our office and explain your situation, we will answer all your questions clearly and advise you on the best strategy and the exact steps we will take in defending you against the charges. We stand beside our clients from beginning to end and keep them informed on the progress and status of their case so there are no surprises. We are here to represent your best interests and to present the best legal defense possible on your behalf. Contact a Marietta criminal lawyer to discuss your case with a member of our team!